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this act shall be at all times under and subject to the orders of the Governor, and shall be exempt from all militia or other service; and that the Governor shall direct all the arrangements necessary to carry out the intentions of this act, with full power to remove any officer or agent for incompetency, neglect of duty or disobedience of orders.

SEC. 14. That the Governor, in case he deems it necessary at any time to make a campaign against the Indians, may nominate the officer to take command of such expedition, assigning him to the command of the whole or any part of said forces, without regard to previous rank or date of commission; he may also assign any officers. to any special duty or service; may convene courts martial for the trial of officers and men, and findings whereof shall be approved by him before being carried into effect.

SEC. 15. That the Governor shall appoint a paymaster, whose duty it shall be to draw from the proper authorities the necessary funds for the purchase of supplies, and for the payment of officers. and men, and to disburse the same; payment to be made to officers. and men at least once in three months. Said officer to rank as captain, and to receive as pay one hundred and forty dollars per month. Said officer shall also give good and efficient bond to the Governor for the faithful discharge of his duties.

SEC. 16. That the Governor shall be authorized to appoint a special agent or agents, who shall give bond and security for the faithful discharge of their duties; which said agents shall be authorized to purchase all necessary pack mules, to be furnished each company for transportation purposes; to purchase all necessary supplies, to be delivered by contractors at the places designated by the commanding officers of companies, and all accounts and certificates of such agents shall be examined and allowed by commanding officers of companies before the same shall become binding as a claim against the State.

SEC. 17. That the Governor shall have power to disband said. companies, or any portion thereof when, in his opinion, their services shall no longer be necessary for Frontier protection.

SEC. 18. That the present Legislature shall make all necessary appropriations to enable the Executive to carry out the provisions of this act.

SEC. 19. That no portion of said troops shall become a chargeagainst the State until organized and placed under orders.

SEC. 20. That this act take effect and be in force from and after its passage.

Approved June 13, 1870.

CHAPTER VI.

AN ACT TO PROVIDE FOR THE DISTRIBUTION OF THE MONEY IN THE STATE TREASURY, WHICH IS DUE THE SEVERAL COUNTIES OF THE STATE.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the funds now in, or which may hereafter be paid into the State Treasury, and which are due to the several counties in the State for county taxes collected in other counties, shall be distributed among the counties to which they are respectively due.

SEC. 2. That the Comptroller shall notify the Police Court of each county of the amonnt thus due; and the warrant of the Police Court drawn for such sum, and authenticated by the certificate of the district clerk, shall, upon approval by the Comptroller, be paid; provided, that the Comptroller shall be authorized to retain, out of the money due to the respective counties, such amounts as may be due to the State Lunatic Asylum for the support of its indigent patients.

SEC. 3. That this act take effect from and after its
Approved June 15, 1870.

passage.

CHAPTER VII.

AN ACT TO PREVENT CESSATION OF JUDICIAL FUNCTIONS, AND TO AVOID DOUBTS OF THE VALIDITY OF JUDGMENTS AND OTHER REGULAR PROCEEDINGS OF THE SUPREME, CRIMINAL OR DISTRICT JUDGES AND COURTS.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the proceedings, judgments and decrees of the supreme, criminal or district judges and courts of this State, who hold over under appointments made before the 30th day of March, 1870, which are otherwise valid, and which have been, or shall be had or done, before the reorganization of the said courts and formation of judicial districts under the present constitution, shall be held and taken to be as valid and regular in all respects as they might or would otherwise be held and taken, if no doubt was pre

tended or entertained of the validity of the tenure of their respective offices by said supreme, criminal or district judges.

SEC. 2. That the supreme judges are authorized and required to proceed in the discharge of their respective functions, until appointments shall be made by the Governor, according to the constitution and laws to be enacted by the Legislature.

SEC. 3. This act shall take effect on its passage and approval by the Governor.

Approved June 18, 1870.

CHAPTER VIII.

AN ACT TO LEGALIZE AN ORDINANCE ADOPTED BY THE CONVENTION

ON THE TWELFTH DAY OF DECEMBER, 1868, AUTHORIZING A SPECIAL TAX TO BE LEVIED FOR THE WACO TAP RAILROAD IN FALLS AND MCLENNAN COUNTIES.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the ordinance adopted by the late Constitutional Convention on the twelfth day of December, 1868, authorizing the levy and collection of a special tax in Falls and McLennan counties, to aid in the construction of the Waco Tap Railroad Company's road, and for other purposes; and to submit the same to the vote of the people of said Falls and McLennan counties, is hereby declared to have the force and effect of law; and the said company is authorized to proceed to have the said tax collected as voted by the said people in accordance with the provisions of said ordinance.

SEC. 2. That this act take effect and be in force from and after its passage.

Approved June 18, 1870.

CHAPTER IX.

AN ACT MAKING AN APPROPRIATION FOR THE MILEAGE AND PER DIEM PAY OF THE MEMBERS, AND THE PER DIEM PAY OF THE OFFICERS AND EMPLOYES OF THE TWELFTH LEGISLATURE OF THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of one hundred and firty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the treasury, not otherwise appropriated, for the mileage and per diem pay of members, and the per diem pay of the officers and employes of the Twelfth Legislature of

the State of Texas.

SEC. 2. That the certificate of the Secretary of the Senate, approved by the President thereof, or the certificate of the Chief Clerk of the House, approved by the Speaker thereof, shall be sufficient evidence to the Comptroller, upon which he shall audit the claims and draw his warrants upon the Treasurer for the respective amounts; and this act shall take effect from its passage. Approved June 23, 1870.

CHAPTER X.

AN ACT TO PROVIDE FOR THE ENROLLMENT OF THE MILITIA, THE ORGANIZATION AND DISCIPLINE OF THE STATE GUARDS, AND FOR THE PUBLIC Defense.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That all able-bodied male citizens between the ages of eighteen (18) and forty-five (45) years, residing in the State, and not exempted by the laws of the United States, shall be subject to military duty; excepting, first, all persons in the army and navy of the United States; second, ministers and preachers of the gospel, and professors of colleges and school teachers, and the judges of the several courts and justices of the peace in this State; third, any person who shall have served five (5) years or more in active service in

the militia or State Guards of the State; fourth, persons then actually serving in the State Police.

SEC. 2. The Governor of the State shall be commander-in-chief of all the military forces of this State, which shall consist of two classes, viz: the State Guard of Texas and the Reserve Militia.

SEC. 3. The State Guard of Texas shall consist of all male persons between the ages of eighteen (18) and forty-five (45) who shall voluntarily enroll and uniform themselves for service therein; provided the commander-in-chief shall designate the number of men in each county in this State allowed to enroll in the State Guard, and have power to reject any person offering himself for enrollment in the same. The men composing the State Guard shall be allowed to retain their arms and equipments in their possession at the discretion of their immediate commanding officer during their term of service, and shall be held responsible for the same, and it shall be their duty to keep them in good order aud ready for use when called upon by the proper authority, and to answer all details made by proper authority, whether singly or otherwise.

SEC. 4. Every officer, non-commissioned officer, musician and private in the State Guard shall hold his uniform, horse and equipments, as required by the provisions of this act, free from all suits, distresses, executions, or sales for debt or payment of taxes.

SEC. 5. The Reserve Militia shall consist of all such persons liable to military duty as have not enrolled in the State Guard, and except the commissioned officers in the same, shall, under the direction and superintendence of the commander-in-chief, immediately upon the passage of this act, and from time to time thereafter, as the commander-in-chief shall deem necessary (but as often as once in every two years), be enrolled by the persons appointed by law to register the qualified electors in the several counties, or such other officer as may be detailed by the commander-in-chief. Such enrollment shall distinctly specify the name, age, residence and occupation of each person so enrolled. The officer making such enrollment shall file one copy thereof in the office of the district clerk of the county wherein the same is made, and forward one copy thereof to the Adjutant General of the State.

SEC. 6. The commander-in-chief shall issue such orders as he may deen necessary to carry into full force the enrollment herein provided for, and also regarding the proper course to be pursued by persons claiming to be exempt from military duty.

SEC. 7. The State Guard and Reserve Militia may be organized into companies, regiments, brigades and divisions, in the same manner as the army of the United States, and the commander-in-chief may, by general and special orders, provide for the organization of the

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